Group cites restriction on Main Avenue

Updated 11:09 pm, Thursday, November 7, 2013

A grass-roots organization on Thursday said a deed restriction on a section of Main Avenue could hinder the street's partial closure, which H-E-B has said it needs to consolidate its downtown headquarters.

The Main Access Coalition, made up of residents opposed to closing Main Avenue, released documents indicating the city promised to maintain public use of the street when the federal government ceded the property to it.

If the city breaks that condition, according to an ordinance passed in May 1948, ownership of Main Avenue would go back to the federal government.

City officials and the San Antonio-based grocery chain, both of whom said they were aware of the deed, dispute the group's claim.

“Because Main Avenue divided Arsenal at the time, the U.S. government stipulated that the right-of-way would revert back to the grantor in the deed in the event that the City decided to close Main Avenue,” H-E-B said in a statement. “It is our understanding that the grantor's rights were acquired by H-E-B as a part of the Arsenal property when it was purchased in 1982.

“Accordingly, we do not believe that any action or approval by the federal government is required for the closing of Main Avenue.”

Charlotte Luongo, who lives near H-E-B's headquarters and helped organize Main Access, said the group spent weeks researching the Arsenal campus.

She delivered copies of the deed and ordinance to H-E-B, Mayor Julián Castro's office, City Council members, the U.S. attorney's office and Bexar County commissioners.

“We aren't saying that we're 100 percent certain that this deed is still in force, but we have not seen anything” that calls that into question, Luongo said. “We don't have the kind of resources that someone like the federal government or city of San Antonio or H-E-B would have. We're trying to shed light on the situation and find out what's going on.”

Last month, H-E-B revealed plans to spend $100 million on an overhaul of its headquarters, including the construction of a downtown grocery store — a main component of Castro's “Decade of Downtown” agenda — at César E. Chávez Boulevard and South Flores Street.

The investment also includes building several mixed-use properties, a culinary school, and a pedestrian and bike trail along South Flores.

Part of the plan calls for the closure of Main Avenue between César E. Chávez and Arsenal Street — a move residents say would restrict a popular path among pedestrians and bike enthusiasts.

Houston said her department still is negotiating details of the proposal with H-E-B.

Even if the federal government regains control of Main Avenue, that likely won't result in a dead end for H-E-B's plan. The federal government often exchanges property that it owns, and even last year executed a swap with H-E-B.

As part of an agreement that gave the grocer 5.16 acres of land at 651 S. Main St. next to its headquarters, H-E-B funded the cost of a six-floor parking garage on land it owned just north of the city's old central post office.

James Rodriguez, spokesman for Main Access, described the complicated history of Main Avenue and its restrictions as “a puzzle.”

He hoped city officials took more time exploring the nuances of the law before making an official recommendation, and he didn't rule out taking legal action.

“We're not sure exactly how far we're prepared to go,” Rodriguez said. “If it becomes clear that the city or H-E-B doesn't have the right to do what they're doing, then it's necessary for either the federal government or the citizens to help them do it correctly.

“If they're going to (close Main Avenue), then it needs to be done properly, and I'm not certain it's being done properly,” he added.